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Citation: 355 B.R. 532 | Docket No.: 19-80026
Status: Published | Citing: 7
Summary: 355 B.R. 532 (2006) In re Anne C. BANES, D.D.S. P.L.L.C., Debtor. Based upon a review of the Motion and the evidence presented, this court makes the following findings of fact and conclusions of law: Ann C. Banes, D.D.S., P.L.L.C. (the "Debtor") filed a petition under Chapter 7 of the Bankruptcy Code on October 17, 2006. If the Debtor is a health care business, this court would be required to appoint a patient care ombudsman within thirty days to monitor the quality of patient care and represent......read more.


Citation: 184 B.R. 237 | Docket No.: 19-10127
Status: Published | Citing: 16
Summary: 184 B.R. 237 (1995) In re Wayne THOMAS and Deborah R. Thomas, Debtors. Wayne THOMAS and Deborah R. Thomas, Plaintiffs, v. RESOLUTION TRUST CORPORATION as Receiver for Southeastern Federal Savings Bank, and Elizabeth B. Ells, Substitute Trustee, Defendants. *238 Robert E. Price, Jr., Winston-Salem, NC, for Deborah R. Thomas and Wayne Thomas. *239 STATEMENT OF FACTS Wayne Thomas and Deborah R. Thomas (hereinafter referred to as "debtors") filed for relief under Chapter 11 in 1990. Article VII of t......read more.


Citation: 440 B.R. 677 | Docket No.: 14-80255
Status: Published | Citing: 22
Summary: 440 B.R. 677 (2010) In re Kenneth A. WESTBROOKS, Debtor. Kenneth A. Westbrooks and wife, Sherrie P. Westbrooks, Plaintiffs, v. FNB United Corp., a holding company for CommunityOne Bank, N.A., Daniel J. Gillespie, III, Nancy W. Gillespie, and Beverly A. Corbett, Defendants. J. Marshall Shelton appeared on behalf of Kenneth A. Westbrooks and Sherrie P. Westbrooks, and Lacey M. Moore appeared on behalf of the Bank Defendants. [1] As a condition of the loan, Alamance National Bank required the debto......read more.


Citation: 369 B.R. 882 | Docket No.: 19-50171
Status: Published | Citing: 8
Summary: 369 B.R. 882 (2007) In re Mark Steven WILHELM and Regina Gaile Wilhelm, Debtors.


Citation: 429 B.R. 532 | Docket No.: 09-12428
Status: Published | Citing: 19
Summary: 429 B.R. 532 (2010) In re Joseph Maurice DEBERRY, Debtor. This matter came before the Court on April 8, 2010 upon the Objection to Proof of Claim of Diana M. Alexander (the "Objection") filed by Joseph DeBerry, the above-referenced debtor, on February 12, 2010, and the Response to the Objection (the "Response") filed by Diana M. Alexander on March 18, 2010. [2] Paragraph 15, entitled "Spousal Support," provides that Mr. DeBerry shall pay Mrs. Alexander, in lieu of periodic spousal support paymen......read more.


Citation: 328 B.R. 450 | Docket No.: 14-10501
Status: Published | Citing: 21
Summary: 328 B.R. 450 (2005) Gary Ivan TERRY, Appellant, v. Sarah F. SPARROW, Trustee in the Gary Terry Bankruptcy Case, Appellee. This matter is before the Court on an appeal in Bankruptcy Case Number 01-12750, which involves the personal Chapter 7 bankruptcy of Appellant Gary Ivan Terry ("Mr.Terry"). Mr. Terry, who is pro se, has appealed three rulings by the U.S. Bankruptcy Judge in his bankruptcy case: (1) a ruling denying Mr. Terry's motion to dismiss his Chapter 7 case; (2) a ruling denying Mr. Ter......read more.


Citation: 333 B.R. 346 | Docket No.: 05-81576
Status: Published | Citing: 19
Summary: 333 B.R. 346 (2005) In re Mary Elizabeth PRESTON, Debtor. Mary Elizabeth Preston (the "Debtor") filed a motion for sanctions against her estranged husband, Terence Preston, and his domestic attorney, Travis Taylor, for violating the automatic stay of the Bankruptcy Code by filing a request for a hearing on an equitable distribution claim in State court. When Mr. Taylor filed a request for a hearing on August 30, 2005, in furtherance of Mr. Preston's equitable distribution claim—an act that was p......read more.


Citation: 418 B.R. 576 | Docket No.: 13-81190
Status: Published | Citing: 5
Summary: IN RE: Robin Virginia Heinze, Debtor. FACTS On August 1, 2008, this court entered a judgment in adversary proceeding 08-09012 (Sara A. Conti, Trustee v. George Paul Laroque) granting the Trustee authority to sell pursuant to section 363(h) of the Bankruptcy Code certain personal property jointly owned by the Debtor and George Paul Laroque ("Mr. Laroque") (Docket #146). All of these expenses were incurred in connection with the sale of personal property that was jointly owned by the Debtor and Mr......read more.


Citation: 183 B.R. 726 | Docket No.: 16-11328
Status: Published | Citing: 17
Summary: 183 B.R. 726 (1995) In re Thomas Dean McGALLIARD, Debtor. First Leasing Company ("FLC") obtained a judgment against Thomas Dean McGalliard ("Debtor") on November 1, 1991 in the amount of $18,219.26 plus attorneys' fees of $5,730.48 in the District Court of Wake County. A 1978 Dodge automobile was declared to be non-exempt property; b. Certain cameras owned by Debtor were declared to be non-exempt property; c. Certain stock consisting of 43,000 shares of Investors Technology Company, *729 which i......read more.


Citation: 94 B.R. 395 | Docket No.: 14-51073
Status: Published | Citing: 17
Summary: 94 B.R. 395 (1988) In re Steven Thomas HOLDER, Debtor. FINDINGS OF FACT Steven Thomas Holder filed his petition for relief under Chapter 13 of the Bankruptcy Code on November 2, 1987. The Trustee may avoid as a preference any transfer of property of the debtor, (1) to or for the benefit of a creditor; (2) for or on account of an antecedent debt owed by the debtor before such transfer was made; (3) made while the debtor was insolvent; (4) made — (A) on or within 90 days before the date of the fil......read more.


Citation: 336 B.R. 701 | Docket No.: 16-50171
Status: Published | Citing: 32
Summary: 336 B.R. 701 (2006) In re Michael David HIGHFILL, Debtor. In order to establish the nondischargeability of a debt under § 523(a)(2)(A), a creditor must prove the following five elements: 1) that the debtor made a representation; 2) that the debtor knew the representation was false at the time it was made; 3) that the debtor intended to deceive the creditor at the time the debtor received the money, services or property; 4) that the creditor relied on the representation; and 5) that the creditor ......read more.


Citation: 458 B.R. 270 | Docket No.: 14-81048
Status: Published | Citing: 20
Summary: 458 B.R. 270 (2011) In re TAYLOR-RAMSEY CORPORATION, et al., Debtor. Official Committee of Unsecured Creditors of Taylor-Ramsey Corporation, Plaintiff, v. George P. Ramsey, Jr., Defendant. Since September 22, 2003, George P. Ramsey, Jr., the Defendant, and members of his family have owned more than 90% of the common stock of Taylor-Ramsey Corporation ("TRC"), a Virginia corporation. Section 544(a) states as follows: (a) The trustee shall have, as of the commencement of the case, and without rega......read more.


Citation: 2 B.R. 219 | Docket No.: 18-51302
Status: Published | Citing: 1
Summary: 2 B.R. 219 (1980) In re RICHARDS, Leonard and Carolyn, Bankrupt. This action is presently before the Court on the motion of the defendant bankrupt, Dr. L.W. Richards, to dismiss the above-referenced adversary proceeding pursuant to Rule 712(b), Rules of Bankruptcy Procedure, on the grounds that the plaintiff did not commence the adversary proceeding in apt time and plaintiff's motion for leave to amend his complaint to add local counsel *220 and to amend the complaint to seek revocation of the d......read more.


Citation: 427 B.R. 386 | Docket No.: 16-80322
Status: Published | Citing: 8
Summary: 427 B.R. 386 (2010) In re Wendy Lucille BRADSHER, Debtor. Wells Fargo Bank, NA ("Wells Fargo") objects to confirmation of the Chapter 13 plan proposed by Wendy Lucille Bradsher (the "Debtor") on the ground that the Debtor is attempting to modify its secured claim in contravention of the anti-modification provision of section 1322(b)(2) of the Bankruptcy Code. The Debtor asserts that she is entitled to modify the rights of Wells Fargo because the claim of Wells Fargo is not secured solely by a se......read more.


Citation: 336 B.R. 98 | Docket No.: 18-11209
Status: Published | Citing: 9
Summary: 336 B.R. 98 (2006) In re Christopher Jerald HAVNER, Debtor. This matter came before the Court for hearing on December 22, 2005 on the Motion by Debtor to Extend the Automatic Stay (the "Motion"), filed by the above-referenced debtor (the "Debtor") on December 8, 2005. Based upon a review of the Motion, the evidence and arguments presented at the hearing, and a review of the entire official file, the Court hereby finds as follows: FACTS On March 8, 2005, the Debtor filed for chapter 13 protection......read more.


Citation: 288 B.R. 715 | Docket No.: 19-10120
Status: Published | Citing: 22
Summary: 288 B.R. 715 (2003) In re CHARLOTTE COMMERCIAL GROUP, INC., Debtor. Charlotte Commercial Group, Inc., Plaintiff, v. Fleet National Bank, Defendant. After considering the matters set forth in the pleadings and the supporting briefs, the court makes the following findings of fact and conclusions of law: BACKGROUND The Plaintiff, Charlotte Commercial Group, Inc. ("CCG"), was engaged in the business of purchasing automobile financing receivables from retail vendors of motor vehicles. Indeed, distric......read more.


Citation: 304 B.R. 737 | Docket No.: 15-81294
Status: Published | Citing: 22
Summary: 304 B.R. 737 (2003) In re Jeffrey Allen HAMLETT and Cynthia Leonard Hamlett, Debtors. On May 19, 2003, Duke Energy filed a response and objection to Debtors' motion to reopen case in which Duke Energy argues that the male Debtor's failure to disclose was not inadvertent and that the motion to reopen should be denied because the male Debtor is barred by judicial estoppel from asserting a claim against Duke Energy. See Jeffrey v. Desmond, 70 F.3d at 186 n. 3; In re Haralambous, 257 B.R. 697, 699 (......read more.


Citation: 397 B.R. 26 | Docket No.: 07-50812
Status: Published | Citing: 38
Summary: 397 B.R. 26 (2007) In re Valarie Mae GOINES, Debtor. This matter came before the Court for hearing on October 17, 2007, after sufficient and proper notice, on the Motion to Convert Chapter 7 Case to Chapter 13 (the "Conversion Motion"), filed by the *29 above-referenced debtor (the "Debtor") on September 24, 2007. On June 22, 2007, the Debtor's Section 341 meeting was held, and the Debtor testified that she owned the Property jointly with her brothers for several years. Prior to the continued Se......read more.


Citation: 393 B.R. 89 | Docket No.: 15-50542
Status: Published | Citing: 14
Summary: 393 B.R. 89 (2008) In re LAUREL HILL PAPER COMPANY, Debtor. All Points Capital Corp., Plaintiff, v. Laurel Hill Paper Company, et al., Defendants. This adversary proceeding came before the court on April 15, 2008, for trial of a claim seeking relief pursuant to 11 U.S.C. § 552(b) as set forth in the Third Response in the Debtor's Answer, Counterclaim, and Crossclaim. The CRO was able to get the cooperation of the employees needed in order to properly maintain and protect the Purchased Assets; wa......read more.


Citation: 63 B.R. 176 | Docket No.: 19-50094
Status: Published | Citing: 38
Summary: 63 B.R. 176 (1986) In re The MASON & DIXON LINES INCORPORATED, Debtor. On January 23, 1986, George E. Gilbertson, Trustee for The Mason & Dixon Lines Incorporated ("Mason/Dixon") and Central Transport, Inc. ("Central Transport") filed their Restated Joint. Plan of Reorganization for Mason/Dixon, which was amended on February 5, 1986, (as amended, the "Restated Joint Plan"). After due notice, the initial hearing on confirmation of the Restated Joint Plan was held on March 18, 1986 at which were p......read more.